HB0890ham003 103RD GENERAL ASSEMBLY

Rep. Robert "Bob" Rita

Filed: 5/21/2024

10300HB0890ham003 LRB103 04493 LNS 73850 a

AMENDMENT TO HOUSE BILL 890

AMENDMENT NO. ______. Amend House Bill 890 by replacing everything after the enacting clause with the following:

"Section 5. If and only if Senate Bill 2849 of the 103rd General Assembly becomes law in the form in which it passed the Senate on April 9, 2024, then the Illinois Aeronautics Act is amended by changing Section 42.1 as follows:

(620 ILCS 5/42.1)

Sec. 42.1. Regulation of unmanned aircraft systems.

(a) As used in this Section:

"Critical infrastructure" has the meaning given in subsection (e) of Section 1016 of the USA Patriot Act of 2001 (42 U.S.C. 5195c(e)).

"Unmanned aircraft" means a device used or intended to be used for flight in the air that is operated without the possibility of direct human intervention within or on the device.

"Unmanned aircraft system" means an unmanned aircraft and its associated elements, including communication links and the components that control the unmanned aircraft, that are required for the safe and efficient operation of the unmanned aircraft in the National Airspace System.

(b) Except as otherwise provided in this Section, to the extent that State-level oversight does not conflict with federal laws, rules, or regulations, the regulation of an unmanned aircraft system is an exclusive power and function of the State. No unit of local government, including home rule unit, may enact an ordinance or resolution to regulate unmanned aircraft systems. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. This Section does not apply to any local ordinance enacted by a municipality of more than 1,000,000 inhabitants.

(b-5) Nothing in this Section shall be construed to deny a unit of local government the right to adopt reasonable rules related to the use by a private party of airspace that is above ground level of public property owned or controlled by that unit of local government. This subsection applies to publicly owned or controlled property that is intended or permitted to be used for recreational or conservation purposes, including, but not limited to, parks, playgrounds, aquatic facilities, wildlife areas, or other recreational facilities. This subsection does not authorize restricting or limiting the use of unmanned aircraft systems when such usage is by commercial users for business operations in connection with critical infrastructure. Reasonable rules adopted pursuant to this subsection shall not supersede any administrative rules adopted by the Department or any federal laws, rules, or regulations, nor the operation of an unmanned aircraft system by a person or entity for a commercial purpose in compliance with applicable Federal Aviation Administration authorization, regulations, or exemptions. Such rules shall not preclude an individual licensed under the Illinois Professional Land Surveyor Act of 1989 or the Professional Engineering Practice Act of 1989 from operating an unmanned aerial vehicle within the scope of his or her professional practice.

(c) Nothing in this Section shall infringe or impede any current right or remedy available under existing State law.

(d) The Department may adopt any rules that it finds appropriate to address the safe and legal operation of unmanned aircraft systems in this State, so that those engaged in the operation of unmanned aircraft systems may so engage with the least possible restriction, consistent with their safety and with the safety and the rights of others, and in compliance with federal rules and regulations.

(Source: P.A. 100-735, eff. 8-3-18; 10300SB2849eng.)

Section 99. Effective date. This Act takes effect upon becoming law or on the date Senate Bill 2849 of the 103rd General Assembly takes effect, whichever is later.".